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1 | | AN ACT concerning transportation.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Illinois Vehicle Code is amended by changing |
5 | | Section 11-501.01 as follows:
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6 | | (625 ILCS 5/11-501.01)
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7 | | Sec. 11-501.01. Additional administrative sanctions. |
8 | | (a) After a finding of guilt and prior to any final |
9 | | sentencing or an order for supervision, for an offense based |
10 | | upon an arrest for a violation of Section 11-501 or a similar |
11 | | provision of a local ordinance, individuals shall be required |
12 | | to undergo a professional evaluation to determine if an |
13 | | alcohol, drug, or intoxicating compound abuse problem exists |
14 | | and the extent of the problem, and undergo the imposition of |
15 | | treatment as appropriate. Programs conducting these |
16 | | evaluations shall be licensed by the Department of Human |
17 | | Services. The cost of any professional evaluation shall be paid |
18 | | for by the individual required to undergo the professional |
19 | | evaluation. |
20 | | (b) Any person who is found guilty of or pleads guilty to |
21 | | violating Section 11-501, including any person receiving a |
22 | | disposition of court supervision for violating that Section, |
23 | | may be required by the Court to attend a victim impact panel |
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1 | | offered by, or under contract with, a county State's Attorney's |
2 | | office, a probation and court services department, Mothers |
3 | | Against Drunk Driving, or the Alliance Against Intoxicated |
4 | | Motorists. All costs generated by the victim impact panel shall |
5 | | be paid from fees collected from the offender or as may be |
6 | | determined by the court. |
7 | | (c) Every person found guilty of violating Section 11-501, |
8 | | whose operation of a motor vehicle while in violation of that |
9 | | Section proximately caused any incident resulting in an |
10 | | appropriate emergency response, shall be liable for the expense |
11 | | of an emergency response as provided in subsection (i) of this |
12 | | Section. |
13 | | (d) The Secretary of State shall revoke the driving |
14 | | privileges of any person convicted under Section 11-501 or a |
15 | | similar provision of a local ordinance. |
16 | | (e) The Secretary of State shall require the use of |
17 | | ignition interlock devices on all vehicles owned by a person |
18 | | who has been convicted of a second or subsequent offense of |
19 | | Section 11-501 or a similar provision of a local ordinance. The |
20 | | person must pay to the Secretary of State DUI Administration |
21 | | Fund an amount not to exceed $30 for each month that he or she |
22 | | uses the device. The Secretary shall establish by rule and |
23 | | regulation the procedures for certification and use of the |
24 | | interlock system, the amount of the fee, and the procedures, |
25 | | terms, and conditions relating to these fees. |
26 | | (f) In addition to any other penalties and liabilities, a |
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1 | | person who is found guilty of or pleads guilty to violating |
2 | | Section 11-501, including any person placed on court |
3 | | supervision for violating Section 11-501, shall be assessed |
4 | | $750, payable to the circuit clerk, who shall distribute the |
5 | | money as follows: $350 to the law enforcement agency that made |
6 | | the arrest, and $400 shall be forwarded to the State Treasurer |
7 | | for deposit into the General Revenue Fund. If the person has |
8 | | been previously convicted of violating Section 11-501 or a |
9 | | similar provision of a local ordinance, the fine shall be |
10 | | $1,000, and the circuit clerk shall distribute
$200 to the law |
11 | | enforcement agency that
made the arrest and $800 to the State
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12 | | Treasurer for deposit into the General Revenue Fund. In the |
13 | | event that more than one agency is responsible for the arrest, |
14 | | the amount payable to law enforcement agencies shall be shared |
15 | | equally. Any moneys received by a law enforcement agency under |
16 | | this subsection (f) shall be used for enforcement and |
17 | | prevention of driving while under the influence of alcohol, |
18 | | other drug or drugs, intoxicating compound or compounds or any |
19 | | combination thereof, as defined by Section 11-501 of this Code, |
20 | | including but not limited to the purchase of law enforcement |
21 | | equipment and commodities that will assist in the prevention of |
22 | | alcohol related criminal violence throughout the State; police |
23 | | officer training and education in areas related to alcohol |
24 | | related crime, including but not limited to DUI training; and |
25 | | police officer salaries, including but not limited to salaries |
26 | | for hire back funding for safety checkpoints, saturation |
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1 | | patrols, and liquor store sting operations. Any moneys received |
2 | | by the Department of State Police under this subsection (f) |
3 | | shall be deposited into the State Police DUI Fund and shall be |
4 | | used to purchase law enforcement equipment that will assist in |
5 | | the prevention of alcohol related criminal violence throughout |
6 | | the State. |
7 | | (g) The Secretary of State Police DUI Fund is created as a |
8 | | special fund in the State treasury. All moneys received by the |
9 | | Secretary of State Police under subsection (f) of this Section |
10 | | shall be deposited into the Secretary of State Police DUI Fund |
11 | | and, subject to appropriation, shall be used for enforcement |
12 | | and prevention of driving while under the influence of alcohol, |
13 | | other drug or drugs, intoxicating compound or compounds or any |
14 | | combination thereof, as defined by Section 11-501 of this Code, |
15 | | including but not limited to the purchase of law enforcement |
16 | | equipment and commodities to assist in the prevention of |
17 | | alcohol related criminal violence throughout the State; police |
18 | | officer training and education in areas related to alcohol |
19 | | related crime, including but not limited to DUI training; and |
20 | | police officer salaries, including but not limited to salaries |
21 | | for hire back funding for safety checkpoints, saturation |
22 | | patrols, and liquor store sting operations. |
23 | | (h) Whenever an individual is sentenced for an offense |
24 | | based upon an arrest for a violation of Section 11-501 or a |
25 | | similar provision of a local ordinance, and the professional |
26 | | evaluation recommends remedial or rehabilitative treatment or |
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1 | | education, neither the treatment nor the education shall be the |
2 | | sole disposition and either or both may be imposed only in |
3 | | conjunction with another disposition. The court shall monitor |
4 | | compliance with any remedial education or treatment |
5 | | recommendations contained in the professional evaluation. |
6 | | Programs conducting alcohol or other drug evaluation or |
7 | | remedial education must be licensed by the Department of Human |
8 | | Services. If the individual is not a resident of Illinois, |
9 | | however, the court may accept an alcohol or other drug |
10 | | evaluation or remedial education program in the individual's |
11 | | state of residence. Programs providing treatment must be |
12 | | licensed under existing applicable alcoholism and drug |
13 | | treatment licensure standards. |
14 | | (i) In addition to any other fine or penalty required by |
15 | | law, an individual convicted of a violation of Section 11-501, |
16 | | Section 5-7 of the Snowmobile Registration and Safety Act, |
17 | | Section 5-16 of the Boat Registration and Safety Act, or a |
18 | | similar provision, whose operation of a motor vehicle, |
19 | | snowmobile, or watercraft while in violation of Section 11-501, |
20 | | Section 5-7 of the Snowmobile Registration and Safety Act, |
21 | | Section 5-16 of the Boat Registration and Safety Act, or a |
22 | | similar provision proximately caused an incident resulting in |
23 | | an appropriate emergency response, shall be required to make |
24 | | restitution to a public agency for the costs of that emergency |
25 | | response. The restitution may not exceed $1,000 per public |
26 | | agency for each emergency response. As used in this subsection |
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1 | | (i), "emergency response" means any incident requiring a |
2 | | response by a police officer, a firefighter carried on the |
3 | | rolls of a regularly constituted fire department, or an |
4 | | ambulance. With respect to funds designated for the Department |
5 | | of State Police, the moneys shall be remitted by the circuit |
6 | | court clerk to the State Police within one month after receipt |
7 | | for deposit into the State Police DUI Fund. With respect to |
8 | | funds designated for the Department of Natural Resources, the |
9 | | Department of Natural Resources shall deposit the moneys into |
10 | | the Conservation Police Operations Assistance Fund.
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11 | | (j) A person that is subject to a chemical test or tests of |
12 | | blood under subsection (a) of Section 11-501.1 or subdivision |
13 | | (c)(2) of Section 11-501.2 of this Code, whether or not that |
14 | | person consents to testing, shall be liable for the expense up |
15 | | to $500 for blood withdrawal by a physician authorized to |
16 | | practice medicine, a licensed physician assistant, a licensed |
17 | | advanced practice nurse, a registered nurse, a trained |
18 | | phlebotomist, a certified paramedic, or a qualified person |
19 | | other than a police officer approved by the Department of State |
20 | | Police to withdraw blood, who responds, whether at a law |
21 | | enforcement facility or a health care facility, to a police |
22 | | department request for the drawing of blood based upon refusal |
23 | | of the person to submit to a lawfully requested breath test or |
24 | | probable cause exists to believe the test would disclose the |
25 | | ingestion, consumption, or use of drugs or intoxicating |
26 | | compounds if: |
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1 | | (1) the person is found guilty of violating Section |
2 | | 11-501 of this Code or a similar provision of a local |
3 | | ordinance; or |
4 | | (2) the person pleads guilty to or stipulates to facts |
5 | | supporting a violation of Section 11-503 of this Code or a |
6 | | similar provision of a local ordinance when the plea or |
7 | | stipulation was the result of a plea agreement in which the |
8 | | person was originally charged with violating Section |
9 | | 11-501 of this Code or a similar local ordinance. |
10 | | (Source: P.A. 96-1342, eff. 1-1-11; 97-931, eff. 1-1-13; |
11 | | 97-1050, eff. 1-1-13; revised 8-23-12.)
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